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Newly merged housing association censured by regulator for fire safety failings

A housing association risked ‘serious detriment’ to its tenants through failing to carry out or review fire risk assessments, exposing “hundreds” of residents to danger from fire.

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Newly merged housing association censured by regulator for fire safety failings #ukhousing

In a regulatory notice published amid a clutch of judgements this morning, the Regulator of Social Housing ruled that Beyond Housing had breached its ‘Home Standard’, which protects tenants.

The 15,000-home organisation, which was formed through the merger of Yorkshire Coast Homes (YCH) and Coast & Country Housing in October, reported itself to the regulator before the merger over the issue.


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In the notice, the regulator said fire risk assessments for “a large number” of YCH properties had passed their review date, and a handful did not have a risk assessment at all. YCH has confirmed 92 were out of date.

“The majority of these properties had been overdue for around eight months, but a small number had been overdue for more than a year,” the regulator said. “The issue affected hundreds of YCH tenants.”

It also said it had “concerns” about the quality of the assessments and that hazards had not been fully identified. It said there was “limited evidence” to demonstrate that necessary actions identified in the risk assessment had been carried out.

The issue was discovered during the merger process when a member of staff from Coast & Country was providing support to YCH’s health and safety team. The organisation then brought in extra staff to deal with the issue.

“The regulator concluded that YCH had failed to regularly review its FRAs [fire risk assessments], that it had lacked assurance that the correct risks had been identified, and the relevant actions to manage the identified risks had been completed,” the regulator said.

“Fire is self-evidently important because of the potentially fatal consequences. In this case, the regulator has concluded that the risk of serious harm was demonstrated because a large number of tenants were potentially exposed to an unknown risk of danger from fire. Therefore the risk of serious detriment has existed.”

Despite the breach, Beyond Housing’s governance remained at a compliant G2 rating - the rating YCH had before the issues were discovered.

To date, 115 of the 143 fire risk assessments required have been completed, with the remaining 28 due for completion before the end of the year.

James Hayward, chair of Beyond Housing, said: “We take fire safety very seriously and it is disappointing we have found ourselves in this situation. I want to reassure all our customers that Beyond Housing considers their safety, and that of its staff, as its greatest priority.”

Owen Ingram, the former acting chief executive of YCH and current acting chief executive of Beyond Housing said: “Whilst this is a serious issue, we acted quickly to ensure the safety and well-being of residents, reported the situation to the regulator and evaluated all areas concerned."

The organisation has appointed Rosemary Du Rose, currently executive director at Home Group, to take over as chief executive in early 2019.

It becomes the latest in a clutch of housing associations – including Knowsley Housing Trust and Arun District Council – to breach the Home Standard over fire safety since the Grenfell Tower disaster in June last year.

 

In other judgements published today, Teign Housing was returned to a top rating of G1 for governance following its previous downgrade for a saga in which tenants were overcharged for rent.

The 3,200-home south Devon-based landlord was downgraded in 2017 for “errors in rent setting” which resulted in “a significant number of tenants being overcharged”.

Teign was returned to the top rating after reimbursing affected tenants, making a voluntary payment to the local authority and commissioning an external review of its business.

A spokesperson for the landlord said: "At the time of the downgrade last year, the then-HCA [Homes and Communities Agency] acknowledged our ‘swift and decisive’ handling of rent payments and the measures we were putting in place to ensure no future error. We have since made significant changes in our processes, and today’s judgement reflects that and the one-off nature of this issue.

"We have not only strengthened our rent calculation work, but used the opportunity to learn wider lessons and apply additional checks to all our processes. This will guide our decisions and framework in the future.”

In a further narrative judgement, the regulator also maintained Hyde Housing’s V2 rating for financial viability but changed the basis for the grade.

The 49,000-home housing association was downgraded to V2 last year due to an expected one-off charge relating to a loan restructure. It maintains that compliant rating, which the regulator said is now due to the need to manage the risk resulting from its exposure to open market sales.

It said the London-based landlord has “appropriate controls and mitigations in place to manage the material risks identified”.

The regulator also published narrative judgements for Connexus and Kinsman Housing, which are covered in reports here and here.

A total of 47 providers received ratings from the regulator today, listed in the table below.

Regulatory judgements published on 28 November 2018

ProviderGovernanceViabilityExplanation
Accord Housing AssociationG1V1No change
Arawak Walton Housing AssociationG1V1No change
Aspire HousingG1V1No change
Beyond HousingG2V1Merger - first judgement
Beyond HousingG2V1Consumer Standards
Cambridge Housing SocietyG1V2No change
Chelmer Housing PartnershipG1V1No change
Connect Housing AssociationG1V1No change
Connexus HousingG2V2Governance downgrade
County Durham Housing GroupG1V2No change
Croydon Churches Housing AssociationG1V1No change
East Midlands Housing GroupG1V1No change
Empowering People Inspiring CommunitiesG2V1No change
Flagship Housing GroupG1V1No change
Futures Housing GroupG1V1No change
Golden Lane Housing LtdG1V1No change
Grand Union Housing GroupG1V1No change
Housing Plus GroupG1V1No change
Hyde Housing AssociationG1V2Changed basis for viability grade
Inquilab Housing AssociationG1V1No change
Joseph Rowntree Housing TrustG2V2No change
Kinsman HousingN/AN/AConsumer and Economic Standards
Local SpaceG1V1No change
London & Quadrant Housing TrustG1V1No change
Longhurst GroupG1V1No change
Magna HousingG1V1No change
Midland HeartG1V1No change
Muir Group Housing AssociationG1V1No change
Nottingham Community Housing AssociationG1V1No change
Octavia HousingG1V1No change
One ManchesterG1V1No change
One Vision HousingG1V1No change
Platform Housing GroupG1V1Merger - first judgement
Raven Housing TrustG1V1No change
Selwood Housing SocietyG1V1No change
Silva HomesG1V1No change
Sovereign Housing AssociationG1V1No change
StonewaterG1V1No change
Teign HousingG1V1Governance upgrade
Trafford Housing TrustG1V1No change
Trident Housing AssociationG1V1No change
United CommunitiesG1V1No change
Watford Community Housing TrustG1V1No change
Weaver Vale Housing TrustG1V1No change
Wellingborough HomesG1V1No change
Worthing HomesG1V1No change
Yarlington Housing GroupG1V1No change

Regulatory judgements in England explained

The Regulator of Social Housing publishes regulatory judgements for all providers owning 1,000 or more social housing homes.

These judgements set out whether the provider is complying with the regulator’s governance and financial viability standards.

The regulator carries out an assessment either through a scheduled in-depth assessment, or reactive engagement (in which the regulator acts following information about a provider).

It then awards the provider a rating from one to four for financial viability (V) and a separate rating from one to four for governance (G).

Providers must score two or higher in both categories to be judged as complying with the standards.

As providers have increasingly taken on more risk to cross-subsidise social and affordable housing delivery through market-facing activity, the regulator has changed a number of associations’ viability ratings from V1 to V2.

The regulator often categorises this kind of regulatory action as ‘regrades’ rather than downgrades. Click here to read more.

 

Key to ratings:

V1/G1: Compliant

V2/G2: Compliant

V3/G3: Non-compliant and intensive regulatory engagement needed

V4/G4: Non-complaint, serious failures, leading to either intensive regulatory engagement or the use of enforcement powers

 

Rating straplines in full:

Governance ratings:

G1: The provider meets our governance requirements.

G2: The provider meets our governance requirements but needs to improve some aspects of its governance arrangements to support continued compliance.

G3: The provider does not meet our governance requirements. There are issues of serious regulatory concern and in agreement with us the provider is working to improve its position.

G4: The provider does not meet our governance requirements. There are issues of serious regulatory concern and the provider is subject to regulatory intervention or enforcement action.

 

Financial viability ratings:

V1: The provider meets our viability requirements and has the financial capacity to deal with a wide range of adverse scenarios.

V2: The provider meets our viability requirements. It has the financial capacity to deal with a reasonable range of adverse scenarios but needs to manage material risks to ensure continued compliance.

V3: The provider does not meet our viability requirements. There are issues of serious regulatory concern and, in agreement with us, the provider is working to improve its position.

V4: The provider does not meet our viability requirements. There are issues of serious regulatory concern and the provider is subject to regulatory intervention or enforcement action.

Jargon-busting: some regulatory terms and what they mean

Jargon-busting: some regulatory terms and what they mean
  • Co-regulation: this means boards are responsible for deciding how to meet the regulator’s standards – the regulator does not prescribe how to do this
  • Gradings under review list: a public list of providers under investigation who are at risk of being judged non-compliant with regulatory standards
  • In-depth assessment: a planned inspection, in which the regulator assesses a providers viability, governance and approach to value for money
  • Narrative regulatory judgement: a detailed explanation of the reasons behind a regulatory judgement. Narrative judgements are published where a providers’ viability or governance ratings have changed, or where RSH has particular issues or concerns.
  • Reactive engagement: refers to the regulator reacting to complaints or allegations about a provider and taking action
  • Stability check: an annual assessment of all providers owning 1,000 social homes or more. RSH uses accounts and statistical return data to check for any changes in a providers’ risk profile.
  • Strapline regulatory judgement: where a provider is meeting the standards, and its governance or viability ratings have not changed since its previous judgement, the regulator does not publish a full judgement explaining its reasons for the gradings. Instead it just publishes the gradings themselves, in a ‘strapline’.

 

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